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2025 DAILYLAW 88106 (KAR)

SRI EVEN THEJA J v. STATE OF KARNATAKA

WP/38170/2025 · 2025-12-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54418 WP No. 38170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38170 OF 2025 (GM-RES) BETWEEN: SRI EVEN THEJA J AGED ABOUT 56 YEARS S/O LATE JAYANTH RAJ J R/AT NO. 39, 1ST STAGE, 1ST MAIN, 1ST CROSS GAYATHRIPURAM, MYSORE-570019 …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE-575001 2. CHURCH OF SOUTH INDIA REP BY ITS MODERATOR CSI SYNOD SECRETARIAT, CSI CENTRE NO.5, WHITES ROAD, ROYAPETTAH CHENNAI-600014 3. CHURCH OF SOUTH INDIA TRUST ASSOCIATION REP BY ITS HON SECRETARY CSI SYNOD SECRETARIAT, CSI CENTRE NO.5, WHITES ROAD, ROYAPETTAH CHENNAI-600014 4. REV SR SUJATHA SECRETARY, C S I-K S D AGED MAJOR R/AT C S I WOMENS CENTER, MISSION BUNGALOW NO.18, GOVERNMENT HOUSE ROAD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54418 WP No. 38170 of 2025 NAZARBAD, MYSORE-570010 5. REV FR HEMACHANDRA KUMAR BISHOP, AGED MAJOR R/AT C S I K S D, DIOCEAN OFFICE BALMATTA, MANGALORE-575002 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE PROCEEDINGS DATED 30.05.2025 APPOINTING REV SR. SUJATHA AS SECRETARY OF THE CHURCH OF SOUTH INDIA, KARNATAKA SOUTHERN DIOCESE, VIDE ANNEXURE-A. B) QUASH THE IMPUGNED NOTICE DATED 11.06.2025 ISSUED BY THE 3RD RESPONDENT CALLING FOR PASTORATE ELECTIONS, ELECTION OF LAY REPRESENTATIVES, AND CONVENING OF THE 17TH ORDINARY SESSION OF THE DIOCESAN COUNCIL FOR THE TRIENNIUM 2025-2028 VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for Respondent No.1. Notice to Respondent Nos.2 to 5 is dispensed with in view of the proposed order to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC:54418 WP No. 38170 of 2025 a. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the proceedings dated 30.05.2025 appointing Rev Sr. Sujatha as secretary of the church of south India, Karnataka southern diocese, vide Annexure-A b. Issue a writ of certiorari or any other appropriate writ, order, quash the impugned notice dated 11.06.2025 issued by the 3rd respondent calling for pastorate elections, election of lay representatives, and convening of the 17th ordinary session of the diocesan council for the triennium 2025-2028 vide Annexure-C c. Declare that the 4th respondent is constitutionally disqualified from holding the office of secretary of the Karnataka southern diocese in view of chapter 8, Rule 12(E) of the CSI constitution vide Annexure-B. d. Pass such other writ, order or direction as this Hon'ble Court may deem fit in the interest of justice and equity. 3. The Petitioner is essentially seeking the quashing of proceedings of the governing body of Respondent No.2, Respondent No.2 which is a Society registered under the Karnataka Societies Registration Act, 1960. Such relief cannot be sought for in a writ petition. - 4 - HC-KAR NC: 2025:KHC:54418 WP No. 38170 of 2025 4. Reserving liberty to the Petitioner to file an appropriate suit seeking appropriate relief, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 29